PEOPLE v. GIFFONE


1 A.D.2d 780 (1956)

The People of the State of New York, Respondent, v. Ralph Giffone, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 9, 1956


Judgment reversed on the law and the facts, the first count of the indictment dismissed and a new trial ordered on the second count.

No evidence was adduced that appellant had in his possession or used a loaded revolver or that there was any intent on his part to kill. With respect to the second count, we feel that the production before the jury of the revolver and the holster, which were not admitted in evidence, was prejudicial, and that the court in its charge...

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